My Fiancee's Ex wife is threatening to have his parental rights stripped because he owes back child support. He lives out of state and has just recently got a new job and begun paying Child support once again. The amount is based on what he formerly made at his old job. In order to help him, I advised him to take an amount from each paycheck after child support, and send it to the Child support office in Oklahoma (OCSS) to go towards back child support. If he pays a reasonable amount each month towards back child support, can she still strip him of his rights? Does he have any leg to stand on?
First, child support and timeshare ("visitation") are unrelated. Second, a parent can't "strip" the other parent of timeshare. Only a judge can do that. And parental rights are never terminated based solely on child support. he needs to speak to an attorney about modifying his child support to correctly match his new salary and setting up a payment plan for paying off his back support. Also, he needs to find out what he needs to do to enforce or establish his timeshare rights.
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